Meeting Minutes 2007
MINUTES OF THE
PUBLIC HEARING OF THE
PLANNING & ZONING COMMISSION OF
GARDEN CITY, UTAH
The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, February 7, 2007 at the Garden City Office Building at 145 W. Logan Canyon Rd. Chairman Seamons opened the Public Hearing at 6:30 p.m.
Commission Members Present:
Jared Seamons, Chairman
Excused: DJ Ballingham
Commission Chairman Seamons asked if there were any comments from the audience on Ordinance #07-02. There were no comments.
Commission Chairman Seamons asked if there were any comments from the audience on Ordinance #07-03. There were no comments.
Commission Chairman Seamons asked if there were any comments from the audience on Ordinance #07-04. Anita Weston asked why they don’t just do away with flag lots. Commission Chairman Seamons said Council Member Satterthwaite has been looking into that and feels most communities don’t even allow flag lots. He would like more input on that, because it definitely needs to be addressed. He said we’ve been having a lot of them lately.
Ray Elliott said if there isn’t an ordinance, people want to circumvent it.
Commission Chairman Seamons said we can always make changes, but there should be some type of regulation at this point. There’s no other control on flag lots.
Commission Chairman Seamons asked if there were any comments from the audience about Ordinance #07-05. There were no comments.
Commission Chairman Seamons asked if there were any comments from the audience about Ordinance #07-06. There were no comments.
RE-ZONE OF BALSAMORHIZA, Norm Mecham
Ray Elliott is here representing Mr. Mecham. Anita Weston asked why they wanted to make the whole area commercial. Mr. Elliott said it’s a separate piece of ground than when they were here last. This area lends itself more to commercial ventures. This piece could have hotels, shops, and etc. on it.
Commission Chairman Seamons said we’ll leave the meeting opened until 7:00 p.m. The recorder will be stopped unless there are any issues to discuss.
Commission Chairman Seamons closed the Public Hearing at 7:00 p.m.
Jared Seamons, Chairman Assistant Clerk
MINUTES OF THE
PLANNING & ZONING MEETING
OF GARDEN CITY, UTAH
The Planning & Zoning Commission held their regular meeting on Wednesday, February 7, 2007 at the Garden City Office Building located at 145 W. Logan Canyon Rd. Commission Chairman Seamons opened the meeting at 7:00 p.m.
Commission Members Present:
Jared Seamons, Chairman
Excused: DJ Ballingham
Sharlene Millard Brian House
Anita Weston Ken Hansen, Mayor
Ray Elliott Ursula Smith
DISCUSSION ABOUT LIGHTHOUSE FOR LIGHTHOUSE POINTE, Kent Fisher
Commission Chairman Seamons said he has talked with the town Attorney. He was told to review all the building codes because he feels we’re talking about a building. There will be a light, staircase, etc. As we fall within the requirements of the building, once we allow the height to go higher than 35’, it leaves it way open for others to try also.
Mr. Fisher said it may be concerned a building, but it’s not habitable. Commission Chairman Seamons said he will stick with those requirements. If we approved the lighthouse at a higher height, it would open up problems everywhere.
Mr. Fisher said he can live with it, but doesn’t agree with it. Commission Chairman Seamons said we are excited to have Mr. Fisher be a part of the community and his project here. He’s been great to work with and we appreciate him keeping within the ordinance. He thanked him for coming.
APPROVAL OF MINUTES
Commission Chairman Seamons said he would like the commission members to read the minutes before the meeting so they don’t spend a lot of time reading them when we are approving them.
The minutes of the Public Hearing of January 3, 2007 were presented. Commission Member Salzetti made the motion to accept the minutes as written. Commission Member Bourne seconded the motion. All in favor and the motion carried.
The minutes of the regular meeting of January 3, 2007 were presented. Commission Member Smith made the motion to accept the minutes as written. Commission Member Salzetti seconded the motion. All in favor and the motion carried.
OATH OF OFFICE
Commission Member Frank Smith received his Oath of Office.
REZONE OF BALSAMORHIZA, Norman Mecham
Ray Elliott was here representing Mr. Mecham. He said because the land of 120 acres is adjacent to the highway, it lends itself to do other things than residential, i.e. hotels, restaurants, shops, commercial ventures, etc. It would be a more general location and more conducive to the commercial zone. He showed the area to be re-zoned. The highway borders it to the east. Ted Wilson is to the north.
Commission Chairman Seamons said there was no public comment at the Public Hearing regarding the re-zone.
Mr. Elliott said when you rent properties, you want commercial areas to take care of the people. They currently don’t have every inch planned in a master plan. It’s not detailed. They just wanted to get the zone changed so that the Engineers can go ahead with their part of the planning. This phase will be done after Phase I. They will meet the Architectural Standards and water ordinances, etc.
Commission Chairman Seamons said most of the parcels against the highway lend themselves more in alignment with commercial than residential.
Mr. Elliott said this piece is the most conducive to commercial because of the location.
Commission Member Bourne said he is concerned with putting residential with commercial in the middle. But if it were done tastefully and with landscaping, it would be nice. Mr. Elliott said commercially, it will have to blend into the architecture of the rest of their overall plan.
Commission Member Bourne said that is something we’ll have to tackle when they come in for approvals.
Commission Member Smith said 120 acres is a large piece to put into commercial. Mr. Elliott said they would like to do a mix of things. They may do more high-density developments i.e. condos and/or a hotel. Some may be clustered with open space around. They’re just not quite sure yet.
Commission Member Smith said he is concerned that the plan is so vague with so much commercial area. Its area is larger than the town. Mr. Elliott said you can put residential in a commercial zone. They don’t anticipate everything being commercial.
Commission Chairman Seamons said Mr. Elliott and Mr. Mecham will still be coming back for preliminary and final approvals. We can make sure the ordinances are met then.
Commission Member Bourne said he has no problem with the zoning. But if they build residential homes, they should meet the residential setbacks. Mr. Elliott said they’ll meet the ordinances. He said he understands the setbacks in the ordinances.
Commission Member Smith made the motion to change 120 acres of Parcel Numbers #41-20-00-029 and 41-29-00-012 to Community Commercial from Recreational Residential. Commission Member Bourne seconded the motion. All in favor and the motion carried.
GENERAL PLAN DISCUSSION, Ken Hansen, Mayor
Commission Chairman Seamons turned the time over to Mayor Hansen to give the Planning & Zoning some information.
Mayor Hansen said he appreciates the time to talk. The General Plan will be of value to all of us. It’s a task that we have burdened the Planning & Zoning with because they’re most qualified to take over that task. He believes and is committed that this is an important thing to do. Our present General Plan is good and has served us a long time, but we need to update it.
The questions that always come up are; what we want the town to look like, quality of life, infrastructure, how to pay the bills, how to travel within the community. He said the transportation is a very important item to work on, maybe more important than the treatment facility. He said it’s been suggested that we need a city planner; but they will just organize the materials and information that we give them. So, he thought we could put it on the Planning & Zoning agenda every month, but he understands the time constraint. He said the Town Council and the Planning & Zoning are both very busy and don’t have the time, money, energy and timeset to do it. He suggested forming a committee of citizens throughout the town. The Town Council would volunteer to help and get a committee of people who could give a good broad consensus of the community.
Mayor Hansen suggested getting people on the committee who are: older, business oriented, deals with recreation, a mother, a father, new move-in, seasonal, sewer district representative, law enforcement, water, commercial, schools, environmental, power – utility, young, contractor, realtor, native, developer. There could be more categories.
He said if we get a group together like this and give them the format, they could come up with a plan. He feels the Ivins City’s General Plan is one that would be good to follow. It has a great format; it’s easy to read and gets to the point.
A General Plan contains a general statement about something of concern, i.e. water, roads, schools, etc. We could write what we want to be in the statement and then write supporting statements about the general statement.
The supporting statements say how we’re going to accomplish the general statement. Then the work really starts. We have to have the ordinances support the supporting statements. It’s not really as complicated as we think it could be.
We could give the committee a recommendation to go talk with others in the community about that field, i.e. mothers and fathers would go talk with other mothers and fathers within the community and bring their ideas back to the committee. They will then fill in the blanks with all the information. They can then write the supporting statements.
Mayor Hansen said he thinks it may take up to 6 months to do this. But hopes to have it done sooner. He would like to have a product we want when it’s done.
The committee would bring the plan to the Planning & Zoning. They, along with the Town Council would make suggestions to fine-tune it, and then get it together in a legal form. At that point, it would be wise for the Town Council to open the budget, if necessary, and hire a city planner to put it all together.
Council Member Satterthwaite said this is a better way to get community involvement.
Mayor Hansen said he and the Town Council want to be in support of this and getting it done. There’s urgency in getting this done. He’s committed to help push it along and get it done.
Commission Member Smith said this seems the fairest way to approach this.
Mayor Hansen said at some point the unincorporated areas will be incorporated. He thinks we should draw from outside the town limits. That will cultivate a better participation amongst the people, draw them together and give them the ability to help with the general plan. It won’t just be our decision; it will be the citizen’s.
Commission Member Huefner asked about the possibility of developing an interlocal agreement with the county. Mayor Hansen said we need to look into it. He believes if the area that is being developed is outside the incorporated area but within the annexation
area, he thinks there should be some credence given to the ordinances, because there is a possibility they will be incorporated at some time. He’s heard it’s through a statue that the state has allowed.
Mayor Hansen said he is really interested in becoming more of a part of the county. We will have valuable information soon, i.e. maps which will be of extreme interest to them. The flyover parcels are beautifully done. All the ID numbers and history of every parcel will be on the maps. They will also have valuable information. We should be able to work together.
Mayor Hansen said we need to be more involved with the county for land use decisions within our annexation area.
Commission Member Huefner asked if there were any type of interlocal agreement with the county at the present time? Mayor Hansen said no, only as a state statute. Although Al Harrison has at some times deferred to the town if we want to bring someone in, if the area is close to the city limits.
Frank said he thinks the town has 1 mile within the city under the statute.
Commission Member Huefner said she would like an interlocal agreement with the county. She said the County Commissioners don’t like the growth here and they’re not happy with it and doesn’t know if they’ll work with us. She wondered if he would be interested in getting someone to create an agreement? Mayor Hansen said it’s possible. But he said he just went to a meeting with them and they didn’t show any idea that they wouldn’t work with us.
Commission Chairman Seamons said we received a notice for a planning workshop Rich County is having and invited us to come. It’s a great opportunity. It’s the only way it’s going to happen. We need to go. Mayor Hansen said in the past we’ve invited them to training meetings, but only 2 came.
Commission Member Seamons said he appreciates the fact that Mayor Hansen is here to help us solve how we’re going to complete the General Plan. He thinks it will be good to get the community involved.
Commission Member Smith said it is crucial that the people on this committee be proactive and willing to be involved.
Council Member Satterthwaite said we understand the urgency and practicality in getting this done because we’re in violation with impact fees without it in place. Mayor Hansen said we have to show the need.
Commission Member Seamons proposed that when we have our next meeting, we come with names of suggested people to be on the committee. We need; 1) put the committee together and, 2) communicate about individuals in the community to see who could do it,
once it’s determined, we need to recommend it to the Town Council so it can be passed.
He suggested having 3 names for each category. The meeting will be a special meeting.
We will put this on the agenda for the third Wednesday meeting for Planning & Zoning Town Council.
Mayor Hansen said he appreciates the Planning & Zoning Commission. He said they serve the community well. He feels we’ll come up with something good here. He doesn’t want it to fail.
Commission Chairman Seamons would like to have the format easy for the committee so the process can move faster. Following the Ivin’s City general plan would be good.
Mayor Hansen said we should set goals, with a timeline to accomplish it.
Mayor Hansen said a lot of this ordinance material is coming to them due to the service of Council Member Satterthwaite, who does an extreme amount. She, along with the gals in the office needs to be commended. They get a lot done in a short amount of time.
Commission Chairman Seamons would like to acknowledge all of them. There is a lot that happens that we don’t see.
Commission Member Salzetti made the motion to accept Ordinance #07-02 as written. Commission Member Bourne seconded the motion. All in favor and the motion carried.
Commission Member Huefner made the motion to accept Ordinance #07-03 as written. Commission Member Smith seconded the motion. All in favor and the motion carried.
Commission Chairman Seamons said he would like to bring up some issues from the Town Council Minutes. Council Member Satterthwaite has inquired of different towns and found that many do not allow for flag lots at all. He knows we’ve visited this many times. He would like to get more feedback from them about this ordinance. He’s heard public clamor about the decisions they’ve made.
Council Member House said the Town Council doesn’t really think we need flag lots in the commercial zone for health and safety reasons.
Council Member Smith said he has seen instances with businesses behind other businesses. Mayor Hansen said it’s hard to make that compatible. There’s a complexity. If you say no commercial ventures on a flag lot, what if there are people who just run a
business on a laptop? It’s a hard one to struggle with. There are also single parcels in
town that have an odd shape, but there isn’t enough land for a full-blown subdivision. But there may be enough land for 2 or 3 lots.
Commission Chairman Seamons believes the issue with residential buildings in a commercial zone and then some being flag lots is confusing.
Mayor Hansen said when you have residential in a commercial zone, the zoning ordinance states it goes with the residential rules. If that is the case, then why not divert everything into residential rules so you can comply with all the residential laws. If someone wants a residence, they stay with the residential rules, if they want commercial, they have to stay with the commercial rules.
Commission Member Smith feels we should have an ordinance for flag lots. It may not be perfect, but it would be better to have something in the books than nothing. He said in a new development, there wouldn’t be a flag lot because of the CC&R’s. No one has thought of that before. We’re now having more and more of them.
Commission Member Huefner said land is becoming so much more valuable and people are thinking of making money off of it. But we are the guardians and need to think of this issue.
Commission Chairman Seamons said he is more in agreement that we’re not going to allow a commercial venture on a flag lot. He suggests that we strike the commercial out of the flag lot ordinance and leave it as residential. There was a suggestion to make the driveway smaller, but he’s not willing to allow that.
Commission Member Huefner made the motion that we recommend to the Town Council that we strike from the Ordinance #07-04 the second paragraph of 11C-2001 and letter #b of 11C-2002, otherwise, to approve the ordinance. Commission Member Bourne seconded the motion. All in favor and the motion carried.
Commission Member Huefner made the motion to approve Ordinance #07-05 as written. Commission Member Smith seconded the motion. All in favor and the motion carried.
Commission Member Huefner made the motion to approve Ordinance #07-06 as written. Commission Member Bourne seconded the motion. All in favor and the motion carried.
Commission Chairman Seamons said he would really like to have a timeline written on the forms. We also need to have a timeline attached to our motions.
Commission Member Huefner talked about our forms and ability to talk about these. She found out that we don’t have to vote about things like that. It’s an internal communication thing. There doesn’t need to be a motion made. She has the name and numbers of an attorney that the state has retained.
Commission Member Huefner also said we can use the word “miscellaneous” on the agenda. The item can be just for discussion and there can be no approval made.
Commission Member Seamons said we don’t need approval to use these forms, but we are going to go ahead and use them.
The Planning & Zoning agreed that they need a definition for a Monument Sign in the sign ordinance. Commission Member Bourne said it’s described in it’s own section.
Commission Chairman Seamons said if we don’t need to approve keeping “miscellaneous” on the agenda, we’ll just keep it on.
Commission Member Huefner made the motion to adjourn the meeting at 8:45 p.m.
Jared Seamons, Chairman Assistant Clerk